Blatcer v. Berkley Insurance Company ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA BLATCER CIVIL ACTION NO. 21-2217 SECTION L (1) BERKLEY INSURANCE COMPANY et al ORDER On January 27, 2022, Plaintiff filed a motion to remand. R. Doc. 11. As noted in a docket entry entered by clerk on January 28, 2022, the motion's submission date was set for February 16, 2022. Pursuant to Local Rule oppositions to motions are due "no later than eight days before the noticed submission date." Thus, any to Plaintiff's motion was due by February 2, 2022. That date has passed without Defendants filing an Defendants also have not filed a motion for an extension of time to file an opposition or sought leave to an opposition out of time. Additionally, the Court concludes that it is not apparent from the face of the state court petition that the in controversy exceeds $75,000 at the time of removal given the sparse allegations contained therein Plaintiff's injuries. See Felton v. Greyhound Lines, Inc., 324 F.3d 771, 773-74 (5th Cir. 2003); see also v. Murphy Oil USA, Inc., No. CIV.A. 12-559, 2013 WL 4542433, at *5 (M.D. La. Aug. 27, 2013). Nor has established "the facts in controversy in the removal petition or an accompanying affidavit to show that amount-in-controversy is met" because Defendant has failed to identify any facts or provide any affidavits the contention that the jurisdictional amount is satisfied. Felton, 324 F.3d at 773-74. Accordingly, IT IS ORDERED that Plaintiff's motion to remand is GRANTED. This case is hereby REMANDED to th Judicial District Court for the Parish of Washington. IT IS FURTHER ORDERED that the telephone status conference scheduled for February 16, 2022 is CANCELLED. New Orleans, Louisiana, this 9th day of February, 2022. fF